continuing WATERCOURSES – if a stream is not  navigable, the state still owns the water, but minerals below belong to the owner.  A stream may be navigable-in-law or navigable-in-fact.  Navigable-in-law is at least 30 ft in width, but no water needs to flow.  Navigable-in-fact  is less than 30 ft across, but can be used as a highway for commerce in usual modes.  (4)  PERCOLATING GROUNDWATER – usually underground water oozing, seeping or filtering through the soil with no definite course.  Used by ranchers & farmers.  In a sale of land water rights have to be mentioned as a mineral or stay with present owner.  The rule of capture governs the production of percolating groundwater just as it does oil and gas.  PART 4 FINISHED THIS DISCUSSION.